Exposing Offerors To New Risks Under DOD Rule

Law360, New York (December 12, 2011, 11:20 AM EST) -- On Nov. 18, 2011, the U.S. Department of Defense issued a final rule requiring that all companies competing for DOD contracts represent that certain former DOD employees, including senior officials and acquisition personnel, are in compliance with applicable post-government employment restrictions.[1] Specifically, the new representation, which can now be found in DOD Federal Acquisition Regulation Supplement 252.203-7005, states as follows:

By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving...
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